Szabó Imre: A polgári peres eljárás hatékonysága. In: Acta Universitatis Szegediensis : acta juridica et politica, (69) 1-48. pp. 631-654. (2007)
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Abstract
In this study the author examines the civil litigations whether they are really slow, as it is the general assumption, and whether the Hungarian rules on civil litigation could be connected with this alleged `slowness'. The study points out that the Hungarian statistics concerning the finished cases is not worse than in the other European states, moreover, we have better indices in some fields. In certain types of procedures and in litigations before certain courts, nevertheless, there are real delays that can establish the infringement of the right to finish the case within a reasonable time. It is obvious that in such cases one can not speak about effective procedures. The author in this field highlights the overload of the courts in the capital. He emphasises the rules of the Code of Civil Procedure prescribing time limits for the courts, since these time limits make the formation and the development of the procedure schedulable and foreseeable for the parties as well. In a separate chapter the author deals with the community rules on taking evidence abroad the application of which in litigations before the Hungarian courts will be probably more frequent in the future. He analyses the modifications of the Code of Civil Procedure passed in 2005 with special regard to the modification of the revision in law. Urging the rationalisation of the administration of justice and the utilization of the technical possibilities of our days, he refers to a French example. As regards the cooperation between the judge forming the course of the procedure and the parties, or in other words: the question of `who is the master of the case', the author makes references to the convergence of the procedural models, which shows that the rational cooperation between the court and the parties needs to be established with procedural rules. As a conclusion, the author points out the necessity of making a new Code of Civil Procedure, but not because the present rules would impede the effectiveness of the procedure. In reality, the ten novels of the procedural code passed up to the present and the other smaller modifications demand to eliminate the incoherence in this field, and to make a new procedural law evolving from a procedural philosophy, satisfying the requirements of our age and of the economy, based on the best utilization of the technical possibilities.
| Item Type: | Article |
|---|---|
| Other title: | The effectiveness of the civil litigation |
| Journal or Publication Title: | Acta Universitatis Szegediensis : acta juridica et politica |
| Date: | 2007 |
| Volume: | 69 |
| Number: | 1-48 |
| ISSN: | 0324-6523 |
| Page Range: | pp. 631-654 |
| Language: | Hungarian, English |
| Publisher: | Szegedi Tudományegyetem Állam- és Jogtudományi Karának tudományos bizottsága |
| Place of Publication: | Szeged |
| Related URLs: | http://acta.bibl.u-szeged.hu/37929/ |
| Uncontrolled Keywords: | Polgári peres eljárás - magyar |
| Additional Information: | Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven |
| Subjects: | 05. Social sciences 05. Social sciences > 05.05. Law |
| Date Deposited: | 2016. Oct. 15. 11:12 |
| Last Modified: | 2023. Dec. 01. 12:43 |
| URI: | http://acta.bibl.u-szeged.hu/id/eprint/7351 |
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